The ITO, Ward-6(3), Ahmedabad V. Shree Jalaram Industries, Ahmedabad

ITA 1305/AHD/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60519 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-06-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 22-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K S PANDYA
• Assessee Lawyers: A L THAKKAR
• Keywords: Revision of order
• Section: 143(3); 263; 63; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ITA NO. 1305 & 1907/AHD/2009 ASSESSMENT YEARS :2001-02 & 2002-03 ITO, WARD.6(3), AHMEDABAD V/S . SHREE JALARAM INDUSTRIES PAN NO. AATFS0453Q (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI B.K.S.PANDYA, SR. D.R /BY RESPONDENT SHRI A.L.THAKKAR, A.R. /DATE OF HEARING 13.06.2012 /DATE OF PRONOUNCEMENT 15.06.2012 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THESE ARE TWO APPEALS AT THE BEHEST OF THE REVENUE WHICH HAVE EMANATED FROM THE ORDERS OF CIT(A)-XI, AHMEDABAD, ORDERS DAT ED 26.02.2009 & 18.03.2009 FOR ASSESSMENT YEARS 2001-02 & 2002-03 R ESPECTIVELY. 2. THE BRIEF FACT IS THAT THE LD. CIT, AHMEDABAD-II I, AHMEDABAD, VIDE ORDER NO. HQ.III/TECH/263-4 & 5/05-06 DATED 05.01.2006 HA S DIRECTED TO THE A.O. TO MAKE A FRESH ASSESSMENT ORDER AFTER VERIFICATION OF THE CERTAIN TRANSACTIONS FROM THE IMPOUNDED BOOKS OF ACCOUNT, ANNEXURES AT X -60, X-67, X-68 & X-54 AFTER GIVING SUFFICIENT OPPORTUNITIES OF BEING HEAR D TO THE ASSESSEE IN ACCORDANCE WITH THE LAW U/S 263 OF THE IT ACT FOR B OTH THE YEARS. THE LD. A.O. HAD PASSED THE ORDER U/S 143(3) READ WITH SECTION 2 63 ON 26.12.2006 IN BOTH ITA NO. 1305 & 1907/AHD/2009 A.Y.2001-02 & 02-03 PAGE 2 THE YEARS AND ASSESSING THE INCOME IN A.Y. 01-02 RS .1,30,39,190/- AND IN A.Y. 02-03 AT RS. 1,59,32,160/-. THE ASSESSEE CHAL LENGED THE 263 PROCEEDING BEFORE ITAT, AHMEDABAD, OF BOTH THE YEAR S. THE B BENCH ITAT, AHMEDABAD, HAD PASSED THE ORDER ON 11.05.2012, WHER E CO-ORDINATE B BENCH HAS SET ASIDE THE ORDER OF THE CIT(A) U/S 263 BY OBSERVING AS UNDER:- WE ARE OF THE VIEW THAT THE DECISIONS RELIED UPON BY THE REVENUE ARE DISTINGUISHABLE ON THE FACTS AND ARE THEREFORE NOT APPLICABLE TO THE PRESENT CASE. IN VIEW OF FOREGOING FACTS AND VARIO US JUDICIAL DECISIONS, WE ARE OF THE CONSIDERED VIEW THAT THE ORDER PASSED BY THE AO WAS AFTER CONSIDERING THE MATERIAL ON RECORD AND THEREF ORE CANNOT BE CONSIDERED AS ERRONEOUS AND PREJUDICIAL TO THE INTE REST OF THE REVENUE AS CONTEMPLATED UNDER SECTION 263. THUS BASED ON T HE FOREGOING FACTS WE ARE OF THE CONSIDERED VIEW THAT THE ORDER OF CIT INITIATING THE PROCEEDINGS U/S 263 BE SET ASIDE. 3. WE HAVE CONSIDERED THE FACTS OF THE CASE AND GON E THROUGH THE ORDER IN ASSESSEES CASE ORDER DATED 11.05.2012 FOR A.Y. 01- 02 AND A.Y. 02-03. WHEN ORIGINAL ORDER PASSED BY THE CIT, U/S 263 HAS BEEN SET ASIDE, THE ASSESSMENT ORDERS MADE IN PURSUANCE TO ORDER OF SEC TION 263 BECOME VOID. THUS, THE REVENUES APPEALS ARE DISMISSED. 4. IN THE RESULT, THE REVENUES APPEALS ARE DISMISS ED IN BOTH THE YEARS. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- ( MUKUL KR. SHRAWAT ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ITA NO. 1305 & 1907/AHD/2009 A.Y.2001-02 & 02-03 PAGE 3 ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ; STRENGTHEN PREPARATION & DELIVERY OF ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 13.06.2012 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE XXX 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 14.06.2012 4) DATE OF CORRECTION X 5) DATE OF FURTHER CORRECTION X 6) DATE OF INITIAL SIGN BY MEMBERS 15.06.2012 7) ORDER UPLOADED ON ,, ,, 8) ORIGINAL DICTATION PAD HAS BEEN ENCLOSED IN THIS FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 15.06.2012